Learn what non-economic damages are and why they are so important for your case.
When someone has been injured in an accident, their first question is often:
Can I Sue?
The answer is yes, you can seek compensation via a personal injury lawsuit provided you can prove that your injury was caused by another party’s reckless or negligent actions.
The next question on everyone’s minds will be:
How Much Can I Get?
This is where things start to get tricky. You deserve to be compensated for ALL the effects of the accident on your life, not just those that are easy to quantify based on your out of pocket expenses. This is where the distinction between economic and non-economic damages becomes very important.
Here’s what you need to know:
Non-Economic Damages Include Anything You Don’t Have a Bill For
Medical bills, lost income, and other types of present and future financial losses you may incur as a result of your injury are known as economic damages. Non-economic damages cover everything else. The most common areas of recovery for non-economic damages are:
- Pain & suffering
- Emotional distress
- Disfigurement
- Disability
- Loss of use
- Loss of love, support, and companionship
- Personality and cognitive changes in a brain injury
Basically, non-economic damages cover all the impacts on your life that can’t be remedied by a trip to the ER, surgeon, psychiatrist, physical therapist, or other medical professional. These damages are very real to the person suffering them and they deserve compensation.
Non-Economic Damages Are Harder to Prove
When ordering compensation for medical costs, the court can look at the medical bills and know the exactly amount that should be awarded. But with non-economic damages, things are not so clear. It requires the skill of an experienced personal injury attorney to present the victim’s injuries in a manner that will compel the court to see matters from the injured person’s perspective and really understand their suffering. The attorney will use evidence such as photos of the injury and recovery process, testimony of medical experts, and excerpts from the individual’s log of their own pain and suffering for this purpose.
Non-Economic Damages Can Represent the Bulk of the Recovery
Sometimes, an injury that was relatively inexpensive to treat in the hospital can cause a tremendous lasting impact on a person’s life. One example might be a severe facial laceration. The initial treatment might not be too costly, but the emotional distress caused by living with a permanent scar would be considerable and could justify compensation many times greater than the actual medical cost.
Non-Economic Damages Are Capped in Medical Malpractice Cases
If you have been injured in a medical malpractice case, it is important to remember that the state of California has set a limit of $250,000 on the amount of non-economic damages that may be recovered in your case.
Need Help with Your Personal Injury Case?
Contact the Law Offices of Michael A. Kahn for a free initial consultation. Attorney Kahn will be happy to discuss your case with you personally and help you understand your options for moving forward.
